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Absent Contrary Evidence, Claim Terms Appearing In Different Claims Presumptively Carry The Same Meaning

Client Alert | 1 min read | 05.01.07

In PODS, Inc. v. Porta Stor, Inc. (No. 06-1504, April 27, 2007) a Federal Circuit panel reverses a district court’s judgment of infringement. The asserted patent includes both apparatus claims and method claims directed to “lifting a storage container from the ground onto a transport vehicle or vice versa.” With respect to the asserted apparatus claims, the parties agreed that the recited “carrier frame” required a four-sided frame. There was, however, no such agreement between the parties with respect to the “carrier frame” recited in the asserted method claims. Unlike the method claims, the asserted apparatus claims included a fairly detailed structural description of the recited carrier frame. The district court ruled that the omission in the method claims of the same structural description found in the apparatus claims “presumably carries consequences” that “the carrier frame described in [the method claims] is less precise and limited.”

Citing Fin Control Sys. Pty., Ltd. v. OAM, Inc., 265 F.3d 1311 (Fed. Cir. 2001), the Federal Circuit finds that the district court erred by failing to apply the “presumption that the same terms appearing in different portions of the claims should be given the same meaning unless it is clear from the specification and prosecution history that the terms have different meanings at different portions of the claims.” Id. at 1318. No evidence is found, says the panel, in the specification or prosecution history that the term “carrier frame” in the method claims has any meaning other than the uncontested meaning ascribed to it in the apparatus claims.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....